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SMITH v. UNITED STATES

No. 72-3736.

497 F.2d 500 (1974)

Leslie SMITH, et al., Plaintiffs, Claimants, Appellees, Cross-Appellants, v. UNITED STATES of America, Defendant, Claimant, Third-Party Plaintiff, Appellant, Cross-Appellee, v. RONLEE, INC., Defendant, Claimant, Third-Party Defendant, Fourth-Party Plaintiff, Appellant, Appellee, Cross-Appellee, v. E. & I., INC., Defendant, Claimant, Fourth-Party Defendant, Appellant, Cross-Appellee, v. CROSS CONTRACTING CO., INC., Petitioner for Limitation of Liability, etc., Defendant, Plaintiff, Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 27, 1974.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Clemens Hagglund, Asst. U. S. Atty., Miami, Fla., for U. S. A.

Richard F. Ralph, Miami, Fla., for E. & I., Inc.

Edward L. Magill, Miami, Fla., for Ronlee.

William R. Eckhardt, Houston, Tex., Harry Zuckerman, Miami, Fla., for Cross Contracting Co.

Laurence F. Ledebur, Thomas L. Jones, Walter H. Fleischer, Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., for appellants.

Donald Feldman, Miami, Fla., for W. Mann & J. Law.

Arthur Roth, Miami, Fla., for L. Smith, M. Smith & J. Gray.

Wicker, Smith, Pyszka, Blomqvist & Davant, Miami, Fla., for Highlands.

Before BELL, SIMPSON and INGRAHAM, Circuit Judges.

SIMPSON, Circuit Judge:

This is an interlocutory appeal on the issue of liability by the defendants, all of whom were found negligent in a bench trial by the lower court. The trial was bifurcated as to liability and damages. Additionally, two of the five personal injury plaintiffs, Joseph Law and Leslie Smith, cross-appeal from the district court's findings of contributory negligence on their part.

The original actions alleged admiralty jurisdiction in the...

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